Default Notice and PPI Refund

[darkred]

Can anyone help out with this.
What is the situation where a credit card company has issued a default notice. The account is subsequently assigned to a DCA who has issued a claim.
In the meantime, the credit card company has upheld a PPI complaint and refunded the premiums and interest to the customer as he didn't ask for PPI and was led to believe it was part of the contract.
As the amount quoted in the default notice is made of disputed amounts, which the credit card company has agreed and refunded, does it make the default notice invalid. As in Woodchester lease management v Swain?
And does it invalidate the claim by the DCA as well, because by making a claim for the full amount they are infact trying to clawback the PPI refund.
Any thoughts on this will be appreciated.

[MrsD]

Re: Default Notice and PPI Refund

can you give a bit more information
timescales
original creditor
DCA
is this an active claim or has it happened already?

[darkred]

Re: Default Notice and PPI Refund

Hi,
The claim is active. I don't wish to name the DCA just in case they have access to this site. I applied to have the case struck out and at the hearing the judge told me I hadn't quite convinced her, this is despite the agreement being improperly executed. After the case I found some old statements and noticed that PPI was being debited. I challenged this and the The original creditor MBNA wrote and advised they would look into it, whilst they were investigating the DCA applied for summary judgement. Armed with the letter from MBNA, I told the judge that the default notice was potentially wrong. she didn't award summary judgement and allocated the case to fast track. in the meantime my MBNA upheld my claim and refunded me the premiums. I know that in a previous case where MBNA charged PPI without the client's knowledge it was judged to be a breach of s140a - unfair relationship, as MBNA were paid secret commisions. Also in the case of woodchester lease management v swain it was declard that the default notice was invalid because the amount was wrong. As the claim is due to be heard in the new year, I just wanted to get my facts right.

[Never-In-Doubt]

Re: Default Notice and PPI Refund

Hiya

Just spoke on the phone and have agreed to pass to Andrew to look into. As I understand it you've had a claim, been to court for Strike-Out based on incorrect DN sums claimed due to reclaiming PPi but that was thrown out so you've got a full trial to look forward to. The claim is over £10k so it's going to be in the Fast Track, not Small Claims.

I'll try and arrange a call from Andrew, I've got your number - sit tight, you have a couple of weeks before you need to sort anything formal with the court so you'll be fine.

Also, don't worry about DCA's reading the threads here, they don't and can't as guests are forced to login after a few clicks or they get locked out.

The claim was issued by Arrow for an MBNA debt ( )

Let's see what Andrew has to say